Tuesday, December 15, 2015

A designer has submitted a complaint to a Russian site as her
Intellectual Property has been used illegally. This is the response she
has received, so basically the hosting site doesn't respect copyright
& is telling the designer to sort it out with the person who is
violating their copyright. Great for international cooperation and
trying to avoid prejudice.

"Your appeal has been considered. We inform you of the following. Our company does not consider the dispute as a judicial
organ of the parties of copyright infringement and counterfeit goods.
Being a Russian company in its activity, we only obey Russian law. On
the territory of Russia do not apply the laws of the United States (also
DMCA), the EU and other countries. In addition, all the vows in written
or verbal form even «under penalty of perjury» not be regarded as an
adequate proof. Please note that all your accusations based on certain
assumptions and without direct evidence under Russian law is a criminal
offense. Your complaint will be handed over to the client for
consideration"

Saturday, September 26, 2015

Here is a prime example of how sites ignore our complaints when
designers try to protect their Intellectual Property & request
takedowns of illegally copied designs. Their "Kind Regards" are anything
but & we'd like to suggest where they can stick them.
* * *
Dear Sir/Madam

You have requested that (site name) takes action in regards to a
specific website, since you find that there is illegal content on the
website or you have asked to have protected customer information handed
over to you.
We have no possibility or intention of being a judge
in these cases, and therefore we advise you to direct your enquiry to
the owner of the website which can be seen via the ordinary who-is
lookup or to go via the system of justice (enforcement court) and get a
court order against the website owner from a EU or US court stating that
the owner should remove the content.
In the case of customer
information, we ask that you provide a court order stating what customer
information is to be handed over.
Upon receipt of a court order we will act responsibly and follow the directions of that court order.
We also refer to our privacy policy which can be found on our website.
We also want to draw your attention to the fact, that a website with
its contents can be moved to another webhost/registrar within a few days
and that a court order against the website owner in this situation is a
more useful tool for you to pursue your rights.
If you wish, we
can forward a message to the domain owner. If you want us to do this, we
ask that you write out the message to be forwarded in full as we do not
word or make changes to the forwarded message in order to avoid any
confusion or misunderstandings.
Kind Regards

Wednesday, September 2, 2015

We have put together a short summary to try to assist people in what to
avoid on forums or web sites as we have received comments recently from
people using Chinese sites saying they didn't know the charts are
illegal copies. It is a non-exhaustive pointer guide. The countries
specified are examples as obviously not all sites from these countries
are violating copyrights but unfortunately the worst sites are found on
their servers & takedown requests are often totally ignored.
Mainly it is common sense but sometimes it can be hard to tell which is
why we recommend anyone in doubt to ask either a designer, a specialized
forum or the Association. This is a basis for educating and debate on the subject, as most of our posts are.

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